Podcast
Questions and Answers
What is the maximum period of detention without the advisory board's opinion?
What is the maximum period of detention without the advisory board's opinion?
- Three months (correct)
- One month
- One year
- Six months
Who has exclusive authority to make a law of preventive detention?
Who has exclusive authority to make a law of preventive detention?
- The Supreme Court
- The Advisory Board
- The Parliament (correct)
- The High Court
Who are entitled to the right to protect their genetic information from DNA testing?
Who are entitled to the right to protect their genetic information from DNA testing?
- Citizens only
- Children and adults (correct)
- Adults only
- Mothers only
What is recognized under the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights?
What is recognized under the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights?
What is the procedure to be followed by an advisory board in preventive detention?
What is the procedure to be followed by an advisory board in preventive detention?
Why would allowing DNA tests be harmful according to the court's ruling?
Why would allowing DNA tests be harmful according to the court's ruling?
What is the fundamental right guaranteed under Article 21 of the Constitution?
What is the fundamental right guaranteed under Article 21 of the Constitution?
Who consists of the advisory board in preventive detention?
Who consists of the advisory board in preventive detention?
Which of the following is a right of an arrested person under Article 22 of the Indian Constitution?
Which of the following is a right of an arrested person under Article 22 of the Indian Constitution?
What is the recent development related to passive euthanasia in the country?
What is the recent development related to passive euthanasia in the country?
Which European Union regulation aims to combat disinformation?
Which European Union regulation aims to combat disinformation?
What is the primary function of the PIB?
What is the primary function of the PIB?
What is the concept that makes a government not liable for statements made by its ministers?
What is the concept that makes a government not liable for statements made by its ministers?
What is the purpose of the 'essentiality' doctrine introduced by the Supreme Court?
What is the purpose of the 'essentiality' doctrine introduced by the Supreme Court?
In which case did the Supreme Court introduce the 'essentiality' doctrine?
In which case did the Supreme Court introduce the 'essentiality' doctrine?
What is included in the definition of 'religion' according to the Supreme Court?
What is included in the definition of 'religion' according to the Supreme Court?
Who is not entitled to the safeguards provided under Article 22 of the Indian Constitution?
Who is not entitled to the safeguards provided under Article 22 of the Indian Constitution?
In which role can a minister make statements that are not liable on the government?
In which role can a minister make statements that are not liable on the government?
What is the purpose of the IT Rules, 2021?
What is the purpose of the IT Rules, 2021?
Which of the following regulations is related to digital media ethics in India?
Which of the following regulations is related to digital media ethics in India?
Under which law are the safeguards provided under Article 22 of the Indian Constitution not applicable?
Under which law are the safeguards provided under Article 22 of the Indian Constitution not applicable?
Which of the following is a fundamental right protected by the 'essentiality' doctrine?
Which of the following is a fundamental right protected by the 'essentiality' doctrine?
Which of the following is a right of an arrested person under Article 22 of the Indian Constitution?
Which of the following is a right of an arrested person under Article 22 of the Indian Constitution?
What is the impact of the collective responsibility concept on government ministers?
What is the impact of the collective responsibility concept on government ministers?
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Study Notes
IT Rules and Global Measures
- IT Rules, 2021, and IT (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023, are significant regulations.
- Global measures include the European Union's Code of Practice on Disinformation 2022 and the United Kingdom's Online Safety Bill.
PIB (Ministry of Information and Broadcasting)
- PIB is the official agency of the government for sharing information with the media about government policies, programs, and achievements.
- It acts as a bridge between the government and the media, gathering public feedback from media sources.
Right to Arrest and Detention
- Right to be informed of the grounds of arrest.
- Right to consult and be defended by a legal practitioner.
- Right to be produced before a magistrate within 24 hours (excluding journey time).
- Right to be released after 24 hours unless the magistrate authorizes further detention.
- These safeguards are not available to an enemy alien or a person arrested or detained under a preventive detention law.
Euthanasia
- The Supreme Court has eased the procedure for passive euthanasia in the country by altering the existing guidelines for 'living wills'.
Free Speech of Public Functionaries
- The Supreme Court has ruled that a government isn't liable for statements made by its ministers, even if related to state affairs.
- Concept of collective responsibility is a political concept and is the responsibility of the Council of Ministers, not the individual ministers.
- A minister can make statements in two roles, Personal and Official, as a government delegate.
Doctrine of Essential Religious Practices
- The Doctrine of Essential Practices is a legal doctrine that protects religious practices that are essential or integral to religion and doesn't violate any fundamental right.
- The Supreme Court introduced the "essentiality" doctrine in the 1954 'Shirur Mutt' case, defining "religion" to include all rituals and practices integral to it.
Right to Protect Genetic Information
- The right to protect Genetic Data is a fundamental right that recognizes an individual's autonomy and control over their personal and intimate genetic data.
- It is also recognized under the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.
- The Supreme Court has ruled that children have the right to protect their genetic information from DNA testing in divorce proceedings, as it is their fundamental right to privacy, guaranteed under Article 21 of the Constitution.
- Allowing DNA tests would harm the reputation and dignity of the mother.
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